The legal framework being invoked by both patties is very interesting.
From: Wilson Iguade <Iguade@hotmail.com>
Date: Wed, Feb 26, 2014 at 8:41 PM
Subject: [Esan_Community] Finally, Sanusi Sues Jonathan Over 'Illegal' Suspension
To: Esan Forum <esan_community@yahoogroups.com>, NigerianWorldForums NigerianWorldForums <NIgerianWorldForum@yahoogroups.com>, African GM <africanworldforum@googlegroups.com>
Finally, Sanusi Sues Jonathan Over 'Illegal' Suspension
Ousted Governor of Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi has finally concretised his threat to sue President Goodluck Jonathan over his removal as head of the bank last week.
According to a suit filed at a Federal High Court sitting in Abuja late on Monday, Sanusi is challenging his suspension from office; and he has implored the court to, among others, restrain the president — alongside Attorney General of the Federation (AGF) and the Inspector General of Police (IGP) — from giving effect to his suspension, pending the determination of his lawsuit.
He is also seeking an order of interlocutory injunction restraining the defendants from obstructing, disturbing, stopping or preventing him in any manner, from performing the functions of his office and enjoying in full, the statutory powers and privileges attached to the office of the governor of the CBN.
Making a case for the reasons why the court should grant the prayers in his interlocutory application, he said the president's unlawful interference with the management and administration of the CBN can only be left unaddressed at the expense of the country's economy. Granting his application, he argued, will encourage parties to maintain the status quo until the determination of the substantive case.
In a supporting affidavit, Sanusi maintained that his suspension is the consequence of his outcry over the $20bn in crude oil sales that was unremitted by the Nigeria National Petroleum Corporation (NNPC). He explained that while performing his duties as Governor of CBN, he discovered certain discrepancies in respect of amounts repatriated to the federation account from the proceed of crude oil sales between the period of January 2012 and July 2013.
He said he expressed concerns about the said discrepancies and went ahead to notify the National Assembly, considering its huge effect on revenue of the federation and the national economy. His suspension, he insisted, is aimed at punishing him for the disclosures.
Sanusi stated clearly that he was challenging the president's power to suspend him from office, especially as the Senate was not approached to ratify the decision.
"I have been informed, and I verily believe the information given to me by Senator Bukola Saraki to be true and correct that the Senate did not give the president any support for my purported suspension and removal from office as Governor of the Central Bank of Nigeria", a part of the document read.
He described his suspension as a contravention of provisions of the Central Bank of Nigeria Act relating to the appointment and removal of the CBN Governor. He therefore branded the act an unlawful interference in the administration and management of the apex bank, which is illegal, null and void.
President Goodluck Jonathan suspended Sanusi Lamido as CBN Governor on 20th February 2014, claiming reliance on a report of the Financial Reporting Council of Nigeria (FRCN) that indicted the governor of "financial recklessness and misconduct".
But the widespread belief is that Sanusi's suspension was triggered by his well-documented outspokenness, particularly his recent revelation of NNPC's failure to remit $20bn in crude oil sales to the federation account.
During his presidential media chat yesterday, Jonathan claimed that Sanusi remains the governor of CBN, yet the president nominated both an Acting Governor and a substantive replacement for Sanusi exactly on the day his suspension was announced.
Comments
The law Sanusi Lamido intentionally violated
Strong SECTION 7 SUB-SECTION 5(A) OF THE CBN ACT
"The Governor of Central Bank SHALL from time to time –
(a)Keep the President of Nigeria informed of the affairs of Central bank, including a report on the Central Bank's budget".
………………………………………
By breaking the law of its establishment Sanusi Lamido turned Central Bank into a fief whilst he operated as an outlaw.
Sanusi Lamido's no-brainer argument that President Jonathan does not represent his 'employer' is then plainly falsified by this same law - SECTION 7 SUB-SECTION 5(A) OF THE CBN ACT authorising President Jonathan to invoke all the powers of an employer, on behalf of the federal government of Nigeria, including the power of suspension of the Governor of Central Bank for audit investigation purposes.
Sanusi is paying the price
Sanusi is paying the price for speaking truth to power. From the first day when he took on looter bankers and billionaire pentecostal pastors, it was clear that everything will be done to vilify him but people can try to muddy the waters all they like, truth will out, no matter how long it takes. Dumbo is a joke and it is sad he has no one around him that cares enough for him to look at this long term . He is a president who regardless of how long it takes will someday step down and then it will be a question of what legacy he left behind. History will not be kind to Jonathan. Clearly, no one that works for him cares about him or Nigeria , all they are worried about is plunder for their personal pockets. It is sad, especially if what Sanusi says is true, that he is a simple man trying to do his best but is surrounded by thieves, rogues and sycophants.
So Sanusi spent 163 billion
So Sanusi spent 163 billion on intervention projects, at least someone is investing in Nigeria, in education and in helping people displaced by flooding and the killer Boko Haram. Please tell me, how much of the 20 billion dollars taken by our de facto President, Diezani, was of benefit to ordinary Nigeians ? Did she build a lab, a classroom; did she supply food to a displaced Nigerian or provide them with shelter at a time when they were homeless? You all forget CBN is self funding and has a board through which it decides how to spend its money. When Sanusi made donations to those displaced by flooding in Bayelsa with active support and blessings of the President , I didn't hear anyone shouting.
Sanusi Lamido must return the stolen ₦38 billion
Whether or not fraud is later detected at the national oil company - NNPC - Sanusi Lamido Sanusi MUST return the ₦38 billion presumptively stolen at the Central Bank of Nigeria. This is the non-negotiable demand of Nigeria's criminal law.
Sanusi Lamido's theft case illustrates the un-salvageable moral wreck of Nigeria. This is a clear case but one where where public opinion in Nigeria is rendered ambivalently toxic by the corrupt silence of journalists suborned and paid.
The law, luckily, anticipates this moral tragedy. That's why Section 45 (1) of the 1999 Constitution authorises the federal government of Nigeria to override and invalidate corrupt public opinion as lacking compelling force - besides being violative of public morality which the government is ordered to assure under Section 45 (1) of the 1999 Nigerian Constitution.
How Sanusi Lamido fleeced Nigeria
"It is also important to note the unrestrained manner, recklessness and impunity with which the CBN Governor (Sanusi Lamido) had governed the apex bank in the last few years."
"In 2013 alone, the suspended CBN Governor single-handedly made spurious donations and awarded questionable contracts totalling 163 billion Naira (over 1 billion US dollars) to various institutions without recourse to the President as stipulated by Section 7 sub-section 5(a) of the CBN Act".
"Most unfortunate is the fact that of the 63 projects listed under the Corporate Social Responsibility of the CBN, only three [3] of the contracts above one [1] billion Naira were referred to the Bureau of Public Procurement as required by law".
…………………………Doyin Okupe (February 23, 2014)
confession time
let sanusi, jonathan and others confess there fault so that nigerians can forgive them.
mr lamido; be true to your world
mr president; stop play game
other party; be not deceived
remember judgement day is coming
The Press
The job of an independent Press, is to ask questions and scrutinise government policies and activities. The day SH becomes a praise singer to any government it will lose its credibility. SH is widely read because they tell it as it is and also they are not Nigerian based.
KEEP UP THE GOOD WORK.
Academic Exercise
We all know that our Judiciary is no where good enough to resolve this issue. Remember Justice Salami, his case went nowhere fast. If our Judiciary was worth its salt, all the impunity that we suffer in Nigeria will be curtailed. Well good luck to Sanusi. You can see that our SSS are already involved and I can tell you now that Sanusi will be indicted for something by the end of this exercise. If you fight corruption like Ribadu said, corruption will fight you back.
SAME SONG, SAME PLAYERS, GOD HELP US !!!!!!!!
My question is why is it that when an issue is raised here, the response has always been the same ? side-track the subject and delve into ---RELIGION/ TRIBE and WHO STOLE MORE and never the facts ???????????????
Confident Sanusi says he's ready to... "drive myself to jail"
Nigeria is messed up bcos the peoples' IQ is questionable. World over, the Central Bank is the nerve center of the economy and as such, autonomous from political bickering. That our foreign partners/investors are jittery about the arbitrary removal of the CBN Governor based on a spurious report falls on daft ears. How many of you writing all this rubbish about Sanusi even bothered to check if the markets have recovered from news of his sudden suspension? Racists and crass analysts rush to comment just to be heard. For instance, the Emirate Air Charter service was used to transport currency and other financial instruments... s'thing a diligent mind could have cleared with a simple phone call. Goes to show that the FRCN report was "doctored" to suit those who ordered it with the pre-meditated objective of diverting our attention from the missing 20bn dollars... not naira! Fools!!!
Sanusi going to court is to establish the autonomy of the CBN, he said from Day-1... klar?
likewise youself,your parents
likewise youself,your parents if you have any then your brother Deri
Jonathan is a Fool and has failed
Sanusi carry on, Jonathan is a fool and bundle of contradiction - kettle calling pot black.
Ijeuwa...of the two
Ijeuwa...of the two scenerios, which is a proven case of mismanagement? CBN under Sanusi has been indicted by a statutorily competent body(FRCN) but have the allegations of Sanusi been proven to be true? If you ask me, i would have advised he cleaned up his house before coming to the town hall meeting knowing fully well that elders could decide to accompany him home for an evening meal.
Central Bank scam is a separate issue from NNPC fraud
Nigerians find an ethical issue too difficult to resolve. It shouldn't be but Nigerians rather swerve from the issue's centre of gravity; spin side issues around it and invoke superfluous comparisons to obscure the real issue.
Moral issues are actually easy to solve. Just keep it simple. That's the formula - no room for error. For instance, here is a straight issue of what someone earlier aptly described here as financial treason occurring at the Central Bank of Nigeria [CBN]
The ethical solution to this CBN scam is this: should the alleged perpetrator(s) get away with it or not? Yes, or, no? That's all anyone will need to answer as a final solution. If much later on, fraud is also proved by forensic audit at the NNPC, you'll repeat the same question at that time. "Should the alleged perpetrator get away with it or not? Yes, or, no?"
This is high time Other thiefs must go.
Sanusi has gone finally and at the same time Alison-Maduakwe must follow suit before it is too late for Jonathan. First any artificial fuel scarcity by the Government of Oil buckers should not be accepted. You must understand that Jonathan is master planner of oil looting and all his foot soldier(the ex- militant are oil buckers/thief with their cronnies from other part of the country. Their time is up. If they think they can destroy this country by kidnapped, bokoharam(snipper killing) or rope innocent men to frame up coup in form of corruption, they are failed already. God has expose them now with Kerosine susbidy they are stealing.
May their soul rest in pieces if they refuse to turn a new leaf now because God is angry as Nigerian are angry.
Waste of time. Sanusi should
Waste of time. Sanusi should warm up for he's jail bound--nothing will stop this Islamic APC moneybag from going to kirikiri--nothing. Good riddance to bad rubbish.
the train has left the station
Sanushi,
I think you are crying over spilt milk. The train has left the station long time. The people who appointed you have suspended you because of your sins. Why not take life as a stage. To me you do not have a locus standi to challenge a suspension. If removal, yes.
Northern elite are self above our Laws – 1
When it comes to northern elite there are no laws of the land but their wishes and desire are the norm. When it was fully clear that Yar'Adua was permanently incapacitated by ill-health, the North swung into action and blocked Jonathan from taken his constitutional positive as the acting President.
If a northerner was the VP, the sick southern President would have hardly lied on his sickbed before he steps in as the acting President and tells the world the Constitution said so.
Although what happened in Yar'Adua situation could be blamed on Jonathan's personal weakness yet the Northern blocking was more of their desperation for power and grabbing the cash of the nation. During that period Jonathan was blocked, they empted our treasury.
In this case, Sanusi only embarked on exercise in futility. He is using the legal process as a distraction from his loot in the CBN and embezzlement of public money in many disguises.
Northern elite are self above our Laws – 2
We have our laws of the land. No individual is bigger than those laws. Judging from the damages of Sauusi to our banking, finances and economy in the name of reform, Jonathan should have not only suspended him but locked him up and put the key in Aso Rock Safe until every Kobo he stole and misused was recovered.
With Sanusi, how many jobs were unnecessary lost in the banking industry and jobs that depend on the banks and bankers, where simple reorganistion without loss of jobs would have been enough?
With the ongoing attitude of Sanusi and many of his Northern elite and their desperation for power and purse of the nation after their 37.5years of rule with only backwardness, conflict and insecurity to present; it is now clear to everyone why we say the North is not ready to rule the country until 25years (2039-2047) time. By this time they would have learnt and matured enough to follow the rule of law and ready to lead the country normally.
Northern elite are self above our Laws – 1
When it comes to northern elite there are no laws of the land but their wishes and desire are the norm. When it was fully clear that Yar'Adua was permanently incapacitated by ill-health, the North swung into action and blocked Jonathan from taken his constitutional positive as the acting President.
If a northerner was the VP, the sick southern President would have hardly lied on his sickbed before he steps in as the acting President and tells the world the Constitution said so.
Although what happen in Yar'Adua situation could be blamed on Jonathan's personal weakness yet the Northern blocking was more of their desperation for power and grabbing the cash of the nation. During that period Jonathan was blocked, they empted our treasury.
In this case, Sanusi only embarked on exercise in futility. He is using the legal process as a distraction from his loot in the CBN and embezzlement of public money in many disguises.
Northern elite are self above our Laws – 2
We have our laws of the land. No individual is bigger than those laws. Judging from the damages of Sauusi to our banking, finances and economy in the name of reform, Jonathan should have not only suspended him but locked him up and put the key in Aso Rock Safe until every Kobo he stole and misused was recovered.
With Sanusi, how many jobs were unnecessary lost in the banking industry and jobs that depend on the banks and bankers, where simple reorganistion without loss of jobs would have been enough?
With the ongoing attitude of Sanusi and many of his Northern elite and their desperation for power and purse of the nation after their 37.5years of rule with only backwardness, conflict and insecurity to present; it is now clear to everyone why we say the North is not ready to rule the country until 25years (2039-2047) time. By this time they would have learnt and matured enough to follow the rule of law and ready to lead the country normally.
JONATHAN IS A DUMMY
Jumbo is an odious dummy and a hypocrite. For him, the few billions of Naira which Sanusi has been accused of mismanaging is greater than the 20b dollars stolen from the NNPC. Put another way, unfounded accusation of mismanagement is dearer to him than proven stealing.
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SANUSI AND HIS SUSPENSION FROM OFFICE
Going to court oils the judicial machinery to keep both the bench and the bar busy. Somebody is going to make mega bucks from Sanusi's action. Whether he will succeed is another matter.
However, one has to hold his breath because with the kind of money said to have been spent under Sanusi's watch at the CBN, any outcome is possible. Anybody, including the prosecuting counsel, can be compromised to either deliberately file under the wrong law or show lack of due diligence.
It is unconscionable to contemplate that Sanusi should be allowed to remain in office while he is being investigated. Tampering with evidence cannot be ruled out.
Talking about Senate approval before legitimizing the suspension means reading into the law what is not there.
SANUSI AND HIS SUSPENSION FROM OFFICE
Going to court oils the judicial machinery to keep both the bench and the bar busy. Somebody is going to make mega bucks from Sanusi's action. Whether he will succeed is another matter.
However, one has to hold his breath because with the kind of money said to have been spent under Sanusi's watch at the CBN, any outcome is possible. Anybody, including the prosecuting counsel, can be compromised to either deliberately file under the wrong law or show lack of due diligence.
It is unconscionable to contemplate that Sanusi should be allowed to remain in office while he is being investigated. Tampering with evidence cannot be ruled out.
Talking about Senate approval before legitimizing the suspension means reading into the law what is not there.
Lets put Nigeria first
Sowore and Sahara Reporters, I know you are making money via your online media but have in mind that after the killing and destruction of lives that your medium propagates, there is a God somewhere, balance your reportage.
ITS TIME
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Have a great day!
God bless you all
Sanusi Lamido struggles against the fate of his grandfather
Mallam Sanusi Lamido:
You are in a hole. Stop digging. You've been caught pants down. Stop clutching at fig leaf. Short of declaring you a thief on the spot, the Financial Reporting Council demanded your prosecution. You falsely claimed you gave ₦38billion to MINT. But a later audit of MINT badly exposed your lies. Now the game is up.
I understand your struggle. It is not for love of country. It is not for your love of NNPC. You are simply fighting for your life.
You are struggling to avoid the fate of your grand-father - Emir Sanusi of Kano - who was deposed as Emir and sent on exile for STEALING Council funds in 1963. That is all your struggle is about. Stop posturing as if you mean well, after conjuring away $254million which you lied you gave to MINT. Please go to EFCC, confess your sin, seek forgiveness, and offer to make voluntary restitution. That's the only path of honour left.
A test of Jonathan presidency
President, stand firm and do not waiver from your decision, as this could be a major test of your presidency.You did what every other meaningful president supposed to do " to arrest an urgent ugly situation at Nigerian central bank " and nothing more.
Sanusi, felt he is untouchable because he hails from ethnic clan who thinks Nigeria belong to them.A crime committed of such great magnitude by an individual, yet people are defending him.
Under normal circumstance, by now Sansui Lamido supposed to be in jail with hard labour .Just like that, within one year Sansui spent 1.2 billions naira to feed his bobyguard, that is on federal government pay slip.Again,1.9 billions unexplainable expenses incured.
Come up Nigerians, we are better than this.There is no any word in accounting branch than ( huge fraud with impunity )Yet this man ( Sansui ) has the impetus to open his mouth in the public. Shame !
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